SPR - December, 2003 Headlines & Topics


December, 2003

Overview of topics...

Lead Note:

NEW LAW - EFFECTIVE NOVEMBER 27, 2003
RULE PRECLUDING REQUEST FOR SPECIFIC SUM IN COMPLAINT IS EXTENDED TO ALL PERSONAL INJURY AND WRONGFUL DEATH ACTIONS
But Mention of Amount Sought Now Okay in Opening as Well as Closing

General Practice Points:

Statute Barring Limited Liability Company from Suing in New York Court If Not Registered with Secretary of State Is Upheld
Judge Fails in Effort to Circumvent CPLR 3216 90-Day Demand Procedure by Just Deeming Action "Abandoned"
Guardians Are Not Exempt from Having to Pay Motion Fees
Unless "Clear and Convincing Evidence" Shows Deposition Wrong, Mere Correction Rather Than Suppression Should Be Remedy
District Court Can't Reduce Demand to Bring Case Within Its Monetary Jurisdiction. Why Not?
Judge Holds City Court Can Only Enter Judgment on Arbitration Award; Can't Vacate or Modify It
Court Reviews Requirements for "Non-Military" Affidavit Needed on Application for Default Judgment
Notice Requirements Applicable to New Rule on Pretrial Disclosure of Medical Records Held to Apply to Trial Subpoenas, Too

Backlog Items:

Defendant's New York County Residence Bars Transfer of Tort Action to Accident County, Even Though Rural
Must Collateral Source Payment Received by P Be Pleaded as Defense by D?

ARTICLE HEADLINES

FEATURE ARTICLE:
NEW LAW - EFFECTIVE NOVEMBER 27, 2003
RULE PRECLUDING REQUEST FOR SPECIFIC SUM IN COMPLAINT IS EXTENDED TO ALL PERSONAL INJURY AND WRONGFUL DEATH ACTIONS
But Mention of Amount Sought Now Okay in Opening as Well as Closing

General Practice Points:

LAXNESS DISMISSALS
Judge Fails in Effort to Circumvent CPLR 3216 90-Day Demand Procedure by Just Deeming Action "Abandoned"

LIMITED LIABILITY COMPANIES
Statute Barring Company from Suing in New York Court If Not Registered with Secretary of State Is Upheld

MOTION FEES
Guardians Are Not Exempt from Having to Pay Motion Fees

CORRECTING DEPOSITIONS
Unless "Clear and Convincing Evidence" Shows Deposition Wrong, Mere Correction Rather Than Suppression Should Be Remedy

JURISDICTION OF LOWER COURTS
District Court Can't Reduce Demand to Bring Case Within Its Monetary Jurisdiction. Why Not?

COURT REVIEWS REQUIREMENTS FOR THE "NON-MILITARY AFFIDAVIT"
NEEDED ON APPLICATION FOR DEFAULT JUDGMENT

REVIEWING ARBITRATION AWARDS
Judge Holds City Court Can Only Enter Judgment on Arbitration Award, But Can't Vacate or Modify It

MEDICAL RECORDS SUBPOENA
Notice Requirements Applicable to Pretrial Disclosure of Medical Records Held to Apply to Trial Subpoenas, Too

Backlog Items:

VENUE OF ACTIONS
Defendant's New York County Residence Bars Transfer of Tort Action to Accident County, Even Though Rural

COLLATERAL SOURCE PAYMENTS
Must Collateral Source Payment Received by P Be Pleaded as Defense by D?